Recognized

Many people aren’t aware you must replace your bicycle helmet after any crash where you hit your head. The foam part of the helmet is only good for one major crash and must be replaced afterwards.

Helmets are a simple piece of equipment but they are vital for your cycling safety. Each year about 2% of motor vehicle crash deaths are cyclists. That means two people lost their lives every day of the year in a cycling/motor vehicle accident. In the majority of bicyclist’s deaths, the most serious injuries were to the head. Statistics about head injuries resulting from cycling highlight the importance of wearing a helmet. But just because you wear a helmet doesn’t mean that you never need to replace it.

A good rule of thumb to follow in regards to replacing your helmet is the five year rule. After five years with no major falls or crashes, replace your helmet. Of course, if you have fallen and your helmet has sustained a blow then you need to replace it. If there are any visible signs of cracks in the foam or helmet then you should replace your helmet. It’s that simple.

Knowing when to replace your helmet is extremely important, especially in regards to children. Because children are more prone to fall off their bike than adults it is crucial that they not only they wear a helmet but that their helmet is going to be capable of minimizing the force of the impact. If the helmet has not been replaced after a crash then your child might not be as protected as you think.

Cycling is fun and enjoyable but you still need to exercise caution in regards to safety. Make sure you and your children always wear a helmet when on a bike. If you can’t remember the last time you bought a new helmet then it is probably time to replace it. We want to make sure that you and your loved ones are safe while enjoying the fun of cycling. When you replace your helmet make sure to check out the new MIPs technology helmet which minimize the danger of a concussion.

Bob Wheeler from the Sarasota Manatee Bike Club called me a week or so ago and had a question. He had been riding with his weekly group when they were passed by another group of riders. His concern was the passing riders did not announce their approach and passed, in his view, dangerously close to them. His question was whether the “3 foot” rule applied to riders. My answer may surprise you.

Let’s start by looking at the statute language that applies. First, Fla Stat 316.003 defines a “driver” as any person who drives… a vehicle. A “vehicle” is defined as every device in, upon or by which any person or property is or may be transported… upon a highway. A “highway” is virtually every way open for vehicle traffic. A “bicycle” includes every vehicle propelled solely by human power. This means a bicycle is a vehicle.

Section 316.083 requires the driver of every vehicle passing another vehicle going in the same direction to give an appropriate signal (this means to warn other drivers of the intent to move left and can be given by hand). The three foot rule requires “the driver of a vehicle overtaking a bicycle… must pass at a safe distance of not less than three feet between the vehicle and the bicycle…”

If you are hit by a car in Florida while riding your bicycle, your medical bills will be covered by No-Fault Insurance, also known as Personal Injury Protection or PIP. In Florida, PIP pays up to $10,000 in medical bills. This coverage will come from the policy you carried on your own car or from a policy carried by a family member with whom you resided on the date of the accident. If neither you nor a family member owned a car, then you would be covered under the PIP coverage on the car that hit you.

We get calls from injured cyclists who have PIP on their own auto policy, but who are concerned because they carry a deductible of $500 or $1,000. If you carry a deductible on your PIP coverage, your insurance company will deduct the amount of the deductible against the medical bills they receive for payment under the policy. This means if there is a $500 deductible, you will have to pay the first $500 in medical bills. You are still entitled to the full $10,000 in PIP benefits, but the first $500 will be your responsibility.

There are several ways to handle a deductible so you will not have to write a check to the doctor or hospital. Feel free to call us to talk about your concerns and how we can help.

Here are some other questions you might have about your cycling accident:

A former client told me he felt it was the best decision to hire a cycling lawyer because “you’re one of us, you see the world through my eyes.” Only a cyclist understands how and where cyclists ride, what damage to a carbon frame means, and what it means when you’re unable to ride like you had before being injured in a crash. As a cycling lawyer, I’m in the best position to make an insurance adjuster or a jury understand the consequences suffered by an injured rider. I understand traffic laws that affect cycling; many of these laws are misunderstood by claims adjusters as well as the police.

Here are some other questions you might have about your cycling accident:

Probably not; the vast majority of cases are settled without a trial. It is important, however, for the insurance company to believe your lawyer is willing to try your case, if necessary. It keeps them honest. Yet, each client makes the decision whether to accept a settlement or take their case to trial.

Here are some other questions you might have about your cycling accident:

If we decide to have a meeting at your home, I would usually come alone. I may bring along a legal clerk or paralegal to help with document sharing and note-taking so I can have a one-on-one discussion with you. I will never bring a stranger into your home.

Here are some other questions you might have about your cycling accident:

It isn’t necessary to come to our office. Many clients do and many clients do not. When necessary, I will come to you. Some clients like to drop in with documents they receive because they live close to the office whereas other clients may live out of the area and prefer email to in-person visits. All of our documents are stored electronically so we can work with clients wherever they are.

Here are some other questions you might have about your cycling accident:

Not typically. I understand the importance of your time. You hire me so I can take care of your claim while you recover and go on about your life. We will meet for an initial interview and then, typically, communicate by phone or email regardless of how close or far away you are to our office. I will need your hands-on participation if your case goes to trial.

Here are some other questions you might have about your cycling accident:

There is no standard timeline for settling a case. It depends on many factors, such as how badly you were injured, how long it takes for you to heal, and when your doctor is able to understand what your medical needs will be in the future. The more serious your injuries, typically the longer the period of medical treatment. Regardless, it is best to wait until you have healed from your injuries before settling; once you settle, your claim is over.

Here are some other questions you might have about your cycling accident: